ATTN: CCPSAT MEMBERS
On September 5, 2008, your leaders filed a federal lawsuit against the Texas
Supreme Court and the Process Server Review Board. Some of you have
expressed surprise that the suit was filed.
Plans to file this suit have been addressed in news articles, emails and
meetings. There have been numerous web site postings wherein the
necessity to file suit has been addressed. We have also catalogued all our
efforts to convince state officials and lawmakers to take action against the
rogue PSRB in an effort to avoid litigation. We have never made it a secret
that litigation was an option. In fact, we made as much noise as we could in
the hopes that those in power to take action would take our concerns
seriously.
Though plans have been in the works for more than a year, the actual filing
of the suit was not announced for the following reasons:
First, CCPSAT leaders have alluded to the necessity of filing a suit for more
than a year. For more than three years we have been presenting evidence
supporting reasons why all process servers should be concerned about the
PSRB overstepping their authority. Many careers have been destroyed and
all are in jeopardy. Constitutional rights have been violated and questions of
violations of law, both civil and criminal, surround the PSRB. The filing of
the suit is a surprise only to those who have not taken the time to get
involved and stay abreast of what's happening in their industry. For those
who have, the common theme has been, "Well, it's about time."
Second, through advice of counsel, we filed the suit the morning of the
September 5th PSRB meeting in order to serve the members where they sat
and avoid wasting time and money tracking them down all over the state. It
worked; out of 23 defendants, we served 22 right away.
It's been reported that opponents of the suit have tried to scare our
members by claiming they can be sued should the defendants choose to file
a counter suit. Before filing the suit on behalf of the association, we
specifically asked our attorney about the membership's concerns and were
told there would be no way individual members could be held accountable
for actions of the directors. We also held a yearly meeting wherein the
lawsuit was discussed. Unfortunately, only a percentage of the membership
attended. The bottom line is this, despite numerous attempts to avoid it, the
lawsuit had to be filed. Even if I had been the only plaintiff, the defendants
had it coming. Initially, the suit was aimed at the PSRB only. Until April of
2007, the Texas Supreme Court's only act of betrayal was allowing the PSRB
to violate the Court's orders and then letting them get away with it. But,
when Rule 14, RJA (a regulatory rule,) was implemented, the Court, by
necessity, made themselves a defendant in the suit. It should be noted that
the Court received 100 percent opposition to Rule 14, but, decided to
implement it anyway. The rule gave the PSRB additional powers it did not
have; powers they were executing anyway and powers process servers had
not agreed to when certification was proposed.
For those of you concerned about your statewide authority, please know
that your leaders are working tirelessly to secure it. We will be calling on all
process servers to voice their opinions and take part in a letter writing
campaign. There are multiple ways to achieve that authority, certification is
but one. However, if certification (a form of government regulation) is to be
the method, it must be done correctly and according to law and according to
the Constitution. Otherwise, what appears to be a benefit for a few only
encroaches upon the rights and freedoms of the many. As the true industry
watchdogs, we will continue to aim for a solution that serves the most
people in the least restrictive way and without violating the law.
Fortunately, I have received many more letters and emails of support than
those of disapproval. I never once thought 100 percent of any group could
be in support of anything. Those who have followed this nightmare
understand the suit was an unfortunate necessity. We ask that all CCPSAT
members stand firm with the leadership and resist the opposition's attempts
to discredit the suit and frighten process servers. They are the ones who
are scared; scared that they will lose their precious stepping stone to
full-blown statewide licensing.
I welcome any questions or comments at my toll-free number, 800-205-3007.
Sincerely,
Tod E. Pendergrass
Founding Director, CCPSAT